PART IV
INFORMATION TO POLICE AND POWERS OF INVESTIGATION

Division 2 — Search and seizure

When search warrant may be issued
24. —(1) A court may issue a search warrant if —

(a) the court has reason to believe that a person who has been or may be issued an order under section 20(1), or a requisition under section 20(3), or a summons under section 235(1), would not produce the document or other thing as required by the order, requisition or summons;

(b) it is not known who possesses that document or thing; or

(c) the court considers that a general or specific search or inspection will serve the purposes of justice or of any investigation, inquiry, trial or other proceeding under this Code.

(2) Nothing in this section shall authorise any court other than the High Court to grant a warrant to search for a document in the custody of the Postal Authority or a public postal licensee.


Search of house suspected to contain stolen property, forged documents, etc.
25. If a court, upon information and after such inquiry as it thinks necessary, has reason to believe that any place is used —

(a) for the deposit or sale of stolen property or of property unlawfully obtained or of goods in respect of which an offence has been committed under section 4, 5 or 6 of the Consumer Protection (Trade Descriptions and Safety Requirements) Act (Cap. 53);

(b) for the deposit or sale or manufacture of any forged document, false seal, counterfeit stamp or coin, or any instrument or material for counterfeiting any coin or stamp or for forging; or

(c) for the concealing, keeping or depositing of any stolen property or property unlawfully obtained, forged document, false seal, counterfeit stamp or coin, or any instrument or material used for counterfeiting any coin or stamp or for forging,
the court may by warrant authorise the person or persons to whom it is issued —

(i) to enter that place with such assistance as may be required;
(ii) to search it in the manner, if any, specified in the warrant;
(iii) to take possession of any goods, property, document, seal, stamp or coin found in it which any of those persons reasonably suspects to be the subject of an offence committed under section 4, 5 or 6 of the Consumer Protection (Trade Descriptions and Safety Requirements) Act or to be stolen, unlawfully obtained, forged, false or counterfeit, and also of any such instrument and material as aforesaid;
(iv) to convey any such goods, property, document, seal, stamp, coin, instrument or material before a Magistrate’s Court, or to guard the same on the spot until the offender is taken before a Magistrate’s Court, or otherwise to dispose thereof in some place of safety; and
(v) to take into custody and produce before a Magistrate’s Court every person found in that place who appears to have been privy to the deposit, sale or manufacture or keeping of any such goods, property, document, seal, stamp, coin, instrument or material knowing or having reasonable cause to suspect —

(A) the goods to have been the subject of an offence committed under section 4, 5 or 6 of the Consumer Protection (Trade Descriptions and Safety Requirements) Act;
(B) the property to have been stolen or otherwise unlawfully obtained;
(C) the document, seal, stamp or coin to have been forged, falsified or counterfeited; or
(D) the instrument or material to have been or to be intended to be used for counterfeiting any coin or stamp or for forging.


Form of search warrant
26. —(1) A search warrant issued by a court under this Code must be in writing bearing the seal of the court, and signed by a Magistrate or District Judge, as the case may be, or in the case of the High Court, by a Judge of the High Court or by the Registrar of the Supreme Court.

(2) A search warrant must ordinarily be issued to the Commissioner of Police and to one or more other police officers to be designated by name in the warrant, and all or any of those police officers may execute it.

(3) The court may in appropriate circumstances issue a search warrant to one or more named persons who are not police officers, and all or any of those persons may execute it.

(4) The court may, if it thinks fit, specify in a search warrant the particular place or part of it to be searched or inspected, and the person charged with executing the warrant must then search or inspect only the specified place or part thereof.

(5) A search warrant is subject to such conditions as may be specified by the court and shall remain in force for the number of days stated in the warrant.


Setting aside search warrant
27. —(1) A court issuing a search warrant may suspend or cancel the warrant if there are good reasons to do so.

(2) Where a search warrant is suspended or cancelled, the court must as soon as is reasonably practicable, inform the person or persons to whom the search warrant is issued of the suspension or cancellation.


When search warrant issued to person other than police officer
28. —(1) The court must specify the following conditions in every search warrant issued under section 26(3):

(a) a list or description of the documents or things, or class of documents or things, that the person executing the search warrant may seize pursuant to the search;
(b) whether section 31(2) applies, and if so, the extent of its application; and
(c) the amount of bond that the person executing the warrant must sign to ensure that the warrant is properly executed and the peace is kept.

(2) The court may, in addition to the conditions in subsection (1), specify in any search warrant issued under section 26(3) such conditions as it deems necessary for the proper execution of the warrant and the prevention of any breach of the peace.


Execution of search warrant
29. —(1) The person granted a search warrant must conduct the search in accordance with the warrant and with this Code.

(2) Entry and search under a search warrant must be conducted during such period of time as may be specified in the warrant.

(3) If the occupier of a place to be entered and searched is present when the person granted the search warrant seeks to execute it, the person granted the warrant must —

(a) identify himself to the occupier and —

(i) if he is a police officer, show the occupier documentary evidence that he is such a police officer; or
(ii) if he is not a police officer, show the occupier his original identity card or travel document as proof of his identity;

(b) show the occupier the warrant; and

(c) if requested, give the occupier a copy of the warrant.

(4) If the occupier is not present when the person granted the search warrant seeks to execute it, but some other person who appears to be in charge of the place is present, then subsection (3) applies to that other person as if he were the occupier.

(5) If a search warrant is issued by a court under section 26(3), the person issued the warrant must, after duly executing the warrant, report that fact to the court and submit the list prepared under section 37(1).


Search for person wrongfully confined
30. —(1) A court may issue a search warrant if there is reason to believe that a person is confined under such circumstances that the confinement amounts to an offence.

(2) The police officer or person granted the search warrant may search for the confined person in accordance with the terms of the warrant.

(3) The confined person, if found, must as soon as reasonably practicable, be taken before the court, and the court shall make an order that is appropriate in the circumstances.

(4) If information is given to a police officer that there is reasonable cause for suspecting that any person is unlawfully confined in a place, and he has reason to believe that a delay in obtaining a search warrant is likely to adversely affect the rescue of the confined person or the arrest of the person responsible for confining the confined person, that police officer may immediately proceed to enter and search the place without a search warrant.


Person in charge of closed place to allow search
31. —(1) Where a police officer or other person executing any search under this Division demands entry or access to a place liable to search under this Division, the occupier or any person in charge of the place must allow him free entry or access and provide all reasonable facilities for a search in it.

(2) If free entry or access to that place cannot be obtained under subsection (1), it shall be lawful in any case for the police officer or other person executing the search warrant to break open any outer or inner door or window of any place or to use any other reasonable means in order to gain entry or access into the place.


Search without warrant for stolen property
32. —(1) If information is given to any police officer of or above the rank of sergeant that there is reasonable cause for suspecting that any stolen property is concealed or lodged in any place and he has good grounds for believing that by reason of the delay in obtaining a search warrant such property is likely to be removed, he may search for the property alleged to have been stolen in the place specified without a search warrant.

(2) A list of all the articles found upon a search conducted under subsection (1) and alleged to have been stolen or missing shall be delivered or taken down in writing with a declaration stating that an offence of theft, extortion, robbery, criminal misappropriation, criminal breach of trust or cheating has been committed and that the informant has good grounds for believing that the property is deposited in that place.

(3) The person who lost the property or his representative shall accompany the officer in the search for that property under subsection (1) unless that person or his representative cannot be found without unreasonable delay.


Summary search
33. —(1) The Commissioner of Police may authorise any police officer in writing to enter any place in the circumstances mentioned in subsection (2) to search, seize and secure any property which the police officer believes to have been stolen as if the police officer had a search warrant for the property seized.

(2) The circumstances referred to in subsection (1) are —

(a) when the place to be searched is, or has in the 12 months preceding the search been, occupied or used by any person who has been convicted of the offence of receiving stolen property or of harbouring thieves; or

(b) when the place to be searched is occupied or used by any person who has been convicted of any offence involving fraud or dishonesty punishable with imprisonment.

(3) In authorising any police officer under subsection (1), it is not necessary for the Commissioner of Police to specify any particular property if he has reason to believe generally that the place to be searched is being made a storage for stolen property.


Search by police officer in arrestable case
34. —(1) A police officer investigating an arrestable offence may, without a search warrant, search or cause a search to be made for a document or other thing in any place if —

(a) he considers the document or thing to be necessary for his investigation and if he has reason to believe that a person who has been or may be issued with an order under section 20(1) will not or is unlikely to produce the document or thing or give access thereto as directed in the order;

(b) he has reason to believe that the document or thing, which he considers to be necessary for his investigation, is likely to be removed; or

(c) it is not known who possesses the document or thing which he considers to be necessary for his investigation.

(2) The police officer in subsection (1) shall, if reasonably practicable, conduct the search in person.

(3) The provisions of this Code relating to searches pursuant to search warrants shall, with the necessary modifications, apply to a search made under this section.


Powers to seize property in certain circumstances
35. —(1) A police officer may seize, or prohibit the disposal of or dealing in, any property —

(a) in respect of which an offence is suspected to have been committed;

(b)which is suspected to have been used or intended to be used to commit an offence; or

(c) which is suspected to constitute evidence of an offence.

(2) If the property liable to be seized under subsection (1) is held or suspected to be held in an account or a safe deposit box in a financial institution, a police officer of or above the rank of inspector may, by written order —

(a) direct the financial institution to deliver the property to any police officer; or

(b) direct the financial institution not to allow any dealings in respect of the property in such account or safe deposit box for such period as may be specified in the order.

(3) A police officer to whom any property has been delivered under subsection (2)(a) must, as soon as is reasonably practicable, make a report of his receipt of the property at a police station.

(4) A police officer may exercise the powers conferred under this section notwithstanding any provision in any other law relating to the seizure of, or the prohibition of any disposal of or dealing in, any property.

(5) Where any property held in an account in a financial institution is subject to a written order made by a police officer under subsection (2)(b) —

(a) any interest or other earnings on such account, or any other payments, may be credited into such account after the date on which the written order was made; and

(b) any such interest, other earnings or payments shall be deemed to be subject to that same written order.

(6) Any financial institution which contravenes an order made under subsection (2)(a) or (b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000.

(7) A court may —

(a) subsequent to an order of a police officer made under subsection (2); and

(b) on the application of any person who is prevented from dealing with property,
order the release of such property or any part of such property.

(8) The court shall only order a release of property under subsection (7) if it is satisfied that —

(a) such release is necessary for the payment of basic expenses, including any payment for foodstuff, rent, the discharge of a mortgage, medicine, medical treatment, taxes, insurance premiums and public utility charges;

(b) such release is necessary exclusively for —

(i) the payment of reasonable professional fees and the reimbursement of any expenses incurred in connection with the provision of legal services; or
(ii) the payment of fees or service charges imposed for the routine holding or maintenance of the property which the person is prevented from dealing in;

(c) such release is necessary for the payment of any extraordinary expenses;

(d) the property is the subject of any judicial, administrative or arbitral lien or judgment, in which case the property may be used to satisfy such lien or judgment, provided that the lien or judgment arose or was entered before the order was made under subsection (2)(b); or

(e) such release is necessary, where the person is a company incorporated in Singapore, for any day-to-day operations of the company.

(9) In this section, property in respect of which an offence is suspected to have been committed and property which is suspected to have been used or intended to be used to commit an offence include —

(a)such property as was originally in the possession or under the control of any person;

(b)any property into or for which the property which was originally in the possession or under the control of any person has been converted or exchanged and anything acquired by such conversion or exchange, whether immediately or otherwise; and

(c)if the property referred to in paragraph (a) or (b) is money kept in an account in a financial institution, any interest or other earnings on such account or any other payment which is credited into such account after the date —

(i)on which the offence is suspected to have been committed; or
(ii)on which the property is suspected to have been used or intended to be used to commit an offence.


Forfeiture of counterfeit coin or counterfeit currency note or bank note, etc.
36. —(1) Any police officer of or above the rank of sergeant, upon being satisfied that any person has in his possession —

(a) any counterfeit coin or current coin or any die, instrument or material for the purpose of counterfeiting any coin or current coin; or
(b)any forged or counterfeit currency note or bank note or any machinery, instrument or material used for the forging or counterfeiting of any currency note or bank note,
may, without warrant and with or without assistance, enter and search any place where any such coin, currency note or bank note or any such die, machinery, instrument or material is kept and seize any such coin, note, die, machinery, instrument or material.

(2) Anything seized under subsection (1) shall, by order of the court before which any person is tried relating to such possession, or where there is no trial, by order of a Magistrate, be forfeited and shall be destroyed or otherwise disposed of in such manner as the Minister may direct.

(3) In this section, “coin”, “current coin”, “die” and “instrument” have the same meanings as in the Penal Code (Cap. 224).


List of all things seized to be made and signed
37.—(1) A police officer or any other person making a search under this Division must prepare and sign a list of all things seized during the search, recording the location where each such thing is found.

(2) In every case, the occupier or person in charge of the place searched, or a person acting on his behalf, may attend during the search, and must be given a signed copy of the list.


Power of court to impound document or other thing produced
38. A court may, if it thinks fit, impound any document or other thing taken under this Code and produced before it.


Power to access computer
39.—(1) A police officer or an authorised person, investigating an arrestable offence, may at any time —

(a)access, inspect and check the operation of a computer that he has reasonable cause to suspect is or has been used in connection with the arrestable offence; or

(b)use or cause to be used any such computer to search any data contained in or available to such computer.

(2) The police officer or authorised person may also require any assistance he needs to gain such access from —

(a) any person whom he reasonably suspects of using the computer in connection with the arrestable offence or of having used it in this way; or

(b) any person having charge of, or otherwise concerned with the operation of, such computer.

(3) Any person who obstructs the lawful exercise by a police officer or an authorised person of the powers under subsection (1), or who fails to comply with any requirement of the police officer or authorised person under subsection (2), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

(4) An offence under subsection (3) shall be an arrestable offence.

(5) A person who had acted in good faith under subsection (1) or in compliance with a requirement under subsection (2) shall not be liable in any criminal or civil proceedings for any loss or damage resulting from the act.

(6) In this section and section 40, “authorised person” means a person authorised in writing by the Commissioner of Police for the purposes of this section or section 40 or both.


Power to access decryption information
40.—(1) For the purposes of investigating an arrestable offence, the Public Prosecutor may by order authorise a police officer or an authorised person to exercise, in addition to the powers under section 39, all or any of the powers under this section.

(2) The police officer or authorised person referred to in subsection (1) shall be entitled to —

(a)access any information, code or technology which has the capability of retransforming or unscrambling encrypted data into readable and comprehensible format or text for the purposes of investigating the arrestable offence;

(b) require —
(i) any person whom he reasonably suspects of using a computer in connection with an arrestable offence or of having used it in this way; or
(ii) any person having charge of, or otherwise concerned with the operation of, such computer,
to provide him with such reasonable technical and other assistance as he may require for the purposes of paragraph (a); and

(c)require any person whom he reasonably suspects to be in possession of any decryption information to grant him access to such decryption information as may be necessary to decrypt any data required for the purposes of investigating the arrestable offence.

(3) Any person who obstructs the lawful exercise by a police officer or an authorised person of the powers under subsection (2)(a) or who fails to comply with any requirement of the police officer or authorised person under subsection (2)(b) or (c) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.

(4) Where a person is convicted of an offence under subsection (3) and it is shown that the encrypted data contains evidence relevant to the planning, preparation or commission of a specified serious offence, he shall, in lieu of the punishment prescribed under subsection (3) —

(a)be liable to be punished with the same punishment prescribed for that specified serious offence, except that the punishment imposed shall not exceed a fine of $50,000 or imprisonment for a term not exceeding 10 years or both; or

(b)be liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 10 years or to both where the specified serious offence is punishable on conviction with death or imprisonment for life.

(5) For the purposes of subsection (4) but subject to subsection (6), “specified serious offence” means an offence under any of the following written laws:

(a) any written law which provides for any offence involving the causing of death or bodily harm;

(b) any written law relating to actions or the threat of actions prejudicial to national security;

(c) any written law relating to radiological or biological weapons;

(d) the Arms and Explosives Act (Cap. 13);

(e) the Chemical Weapons (Prohibition) Act (Cap. 37B);

(f) the Corrosive and Explosive Substances and Offensive Weapons Act (Cap. 65);

(g) the Hijacking of Aircraft and Protection of Aircraft and International Airports Act (Cap. 124);

(h) the Kidnapping Act (Cap. 151);

(i) the Maritime Offences Act (Cap. 170B);

(j) the Official Secrets Act (Cap. 213);

(k) the Protected Areas and Protected Places Act (Cap. 256);

(l) the Statutory Bodies and Government Companies (Protection of Secrecy) Act (Cap. 319);

(m) the Strategic Goods (Control) Act (Cap. 300);

(n) the Terrorism (Suppression of Financing) Act (Cap. 325);

(o) the United Nations (Anti-Terrorism Measures) Regulations (Cap. 339, Rg 1); and

(p) such other written law as the Minister may, by order published in the Gazette, specify.

(6) No offence shall be a specified serious offence for the purposes of subsection (4) unless the maximum punishment prescribed for that offence, whether for a first or subsequent conviction, is —

(a) imprisonment for a term of 5 years or more;

(b) imprisonment for life; or

(c) death.

(7) In proceedings against any person for an offence under this section, if it is shown that that person was in possession of any decryption information at any time before the time of the request for access to such information, that person shall be presumed for the purposes of those proceedings to have continued to be in possession of that decryption information at all subsequent times, unless it is shown that the decryption information —

(a) was not in his possession at the time the request was made; and

(b) continued not to be in his possession after the request was made.

(8) A person who had acted in good faith or in compliance with a requirement under subsection (2) shall not be liable in any criminal or civil proceedings for any loss or damage resulting from the act.

(9) In this section —
“data” means representations of information or of concepts that are being prepared or have been prepared in a form suitable for use in a computer;

“decryption information” means information, code or technology or part thereof that enables or facilitates the retransformation or unscrambling of encrypted data from its unreadable and incomprehensible format to its plain text version;

“encrypted data” means data which has been transformed or scrambled from its plain text version to an unreadable or incomprehensible format, regardless of the technique utilised for such transformation or scrambling and irrespective of the medium in which such data occurs or can be found for the purposes of protecting the content of such data;

“plain text version” means the original data before it has been transformed or scrambled to an unreadable or incomprehensible format.